Wyndham Garden worker claims he was fired because he sought time off for medical care

By Carrie Bradon | Apr 17, 2019

CHARLESTON — A hotel worker is suing his former employer, alleging he was terminated after requesting time off for a medical condition.

Timothy Gibson filed a complaint in Kanawha Circuit Court against Charleston Hotel VI LLC, dba Wyndham Garden, and Scott Fletcher.

The suit states the plaintiff worked for the defendant from January to March 2017. The plaintiff alleges he performed his duties well, but on March 21, 2017 the plaintiff sustained a serious facial injury that required surgery. The plaintiff told a coworker on March 22, 2017 that he might be able to get to work that day, but that he was working on a nose injury. The plaintiff told the defendant that he would not be able to work on March 23, 2017. The plaintiff provided a note requesting time off from this physician on March 24, 2017, but the defendant terminated him instead.

The defendant is accused of violation of the West Virginia Human Rights Act, failure to accommodate a temporary leave of absence, and disability discrimination.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Jeffrey Foster of Bailess Smith PLLC in Charleston.

The case has been assigned to Judge Joanna Tabit.

Kanawha Circuit Court case number 19-C-149

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